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SACHIN DATTA
Mellenium Realtech Pvt. Ltd. – Appellant
Versus
Opaque Infrastucture Pvt. Ltd. – Respondent
JUDGMENT
Sachin Datta, J.
O.M.P. (COMM) 93/2021
1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the "A&C Act") is directed against the award dated 20.11.2020 (the "impugned award"). The petitioner herein was the respondent in the arbitration proceedings whereas the respondent herein was the claimant.
FACTUAL BACKGROUND
2. The disputes between the parties arose in the context of a Collaboration Agreement dated 07.11.2011. The subject matter of the Collaboration Agreement was a land (plot) admeasuring 1148 Sq. Yards, situated in Ishwar Nagar, Mathura Road, New Delhi.
3. Vide the said Collaboration Agreement/MoU (the "said agreement"), it was agreed that the respondent/claimant, in addition to bearing the cost of construction/development of the aforesaid plot, would pay a sum of Rs. 5.2 crores to the petitioner (the owner of the plot). A sum of Rs. 50 Lakhs was paid at the time of signing of the said agreement, followed by further payment/s, as noticed in the impugned award, as under:
"(a) A sum of Rs.1.50 Crore (Rupees One Crore Fifty Lakh) when the Owner gets the building plans sanctioned/approved from the concerned department and Owner was to
The limited scope of interference under Section 34 of the A&C Act, 1996 and the arbitrator's authority in interpreting the contract terms.
Scope of judicial review and jurisdiction of Court under Sections 8 and 11 of Arbitration Act is identical but extremely limited and restricted and it is only arbitral tribunal, who is preferred firs....
Request for grant of damages cannot be accepted in absence of any specific prayer to that effect.
The court upheld the principle that undertaking given to secure performance of contractual obligations revives a terminated contract, allowing specific performance claims despite prior termination by....
Grant of compensation/damages in addition to specific performance would only arise, if plaintiff/claimant were to establish entitlement for grant of relief of Specific Performance i.e., to say sina q....
The court reiterated that a party's failure to perform contractual obligations negates the other's right to enforce the contract, emphasizing limited interference in arbitral awards.
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